Abstract:
If civil lawyers remain thinking within the existing inherited paradigm of one uniform primary right (buttressed by the numerus clausus and transparency principles) and a strict hierarchy between this primary right, secondary (and tertiary) rights, property law will alienate itself from the existing reality. That reality shows changes caused by far reaching, socio-economic and technical developments. One of the emerging consequences is that ownership is getting into a state of flux and is becoming fluid, a development that is now also beginning to affect other property rights. In order to find answers to the problems caused by this fluidity a procedural approach to this substantive change is offered.
van Erp, Sjef, Fluidity of Ownership and the Tragedy of Hierarchy. A Sign of a Revolutionary Evolution? (May 12, 2015). European Property Law Journal. Volume 4, Issue 1, Pages 56-80, ISSN (Online) 2190-8362, ISSN (Print) 2190-8273, DOI: 10.1515/eplj-2015-0004, May 2015.
First posted 2015-08-21 11:43:32
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